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Full text of "Extraordinary Gazette of India, 1960, No. 560"

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[gOISTEREP No. D.J21 


Gazette 




inbia 


EXTRAORDINARY 

PART n— Section 3 —Sub-section (ii) 

PUBLISHED BY AUTHORITY 


No. 63] NEW DELHI, THURSDAY, MARCH 31 , 1960/CHAITRA 11,1882 


MINISTRY OF EXTERNAL AFFAIRS 

NOTIFICATION 

New Delhi, the 30th March 1900 

S.O. 836. —Whereas the Malabar Tenancy Act, 1929, has been applied to the. 
Establishment of Mahe in the State of Pondicherry with effect from the 1st July, 
1958; 

And whereas the application of the Tenancy Acts in force in the State of 
Madras to the remaining Establishments in the State of Pondicherry is under 
consideration of the Pondicherry Administration and the Government of India; 

And whereas it has been brought to the notice of the Pondicherry Administra¬ 
tion and the Government of India that in anticipation of the application of laws 
relating to land reforms, eviction of tenants from their holdings have started in 
the Establishment of Karaikal at the instance of the landlords; 

And whereas it is considered necessary to prevent such evictions pend¬ 
ing the application of such laws; 

Now, therefore, by virtue of the agreement dated the 21st October, 1954, 
entered into with the Government of France giving jurisdiction to the Central 
Government in and In relation to the French Establishment in India and in 
exercise of the powers conferred by section 4 of the Foreign Jurisdiction Act, 
1947 (47 of 1947) and of all other powers enabling It in that behalf, the Central 
Government hereby makes the following Order, namely:— 

1. Short title, extent and commencement.—(1) This Order may be called the 
Karaikal Tenants Protection Order. 1960. 

(2) It extends to the French Establishment known as Karaikal, 

(3) It shall come, into force at once. 

2. Definitions. —In this Order, unless the context otherwise requires— 

(a) "Chief Commissioner" means the Chief Commissioner of Pondicherry; 

(b) "cultivating tenant” means a person who cultivates by his own labour 

or by that of any other member of his family or by hired labour 
under his supervision and control, any land belonging to another, 
under an agreement, express or implied, on condition of paying rent 
therefor In cash or in kind, or delivering or receiving a share of the 
produce and shall include a person who cultivates the land on pay¬ 
ment of waram; 

(c) "Cultivation’’ means the use of lands for the purpose of agriculture or 

horticulture; 


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[Part Ij 


(d) "holding” means a parcel or parcels of land held by a cultivating 
tenant; 

i,e) "land" means land used for the puipote of agriculture or horticulture 
and includes any building or any waste, vacant or forest land, 
appurtenant thereto; 

(f) "landlord” In relation to a holding Or part thereof, means the person 

entitled to evict the cultivating tenant from such holding or part 
thereof; 

(g) “prescribed” means prescribed by rules made under this Order, 

3. Landlords not to evict cultivating tenant. —(1) No cultivating tenant shall 
be liable to bo evicted from his holding or any part thereof by his landlord, 
whether in execution of a decree or order of a Court or otherwise: 

Provided that if a tenant— 

(1) uses or attempts to use the land leased, for a purpose other than 
agriculture or horticulture; or 

(ii) deliberately neglects’ to take steps in reasonable time to cultivate the- 

land for the current season.; or 

(iii) does not pay the rents which have accrued due prior to the coming 

into force of this Order within three months of the date of the com- 
mencement of this Order and the rents which accrue due subsequent 
to that' date within three months from the date of their accrual, 

he shall be liable to be evicted. 

(2) (a) A cultivating tenant may deposit in Court the rent or, if the rent 
be payable in kind, its market value on the date of deposit, to the account of 
the landlord. 

(b) The Court shall cause notice of the deposit to be issued to the landlord 
and determine, after a summary inquiry, whether the amount deposited repre¬ 
sents the correct amount of rent due from the cultivating tenant. If the Court 
finds that any further sum is due, it shall allow the cultivating tenant time, not 
exceeding a month, for depositing such further sum inclusive of such cost as 
the Co irt may allow. If the Court adjudges that no further sum is due, or if 
a cultivating tenant deposits within the time allowed such further sum as is 
ordered by the Court, the cultivating tenant shall be deemed to have paid the 
rent within the period specified in the proviso to sub-clause (1). If, having to 
deposit a further sum, the cultivating tenant fails to do so within the time 
allowed by the Court, the landlord may evict the cultivating tenant as if this 
Order had not been made. 

(3) The Court entitled to order eviction and deal with ail other matters 
arising under this clause shall be the Tribunal de lere Instance, Karaikal. 

4. Appeal from order of the Court. —An appeal shall lie from an order made 
by the Court under clause 3 to the Tribunal Superieur d’Appel, Pondicherry, 
within such period as may be prescribed. 

5. Exclusion of time for limitation, —(1) In computing the period of limitation 
or limit of time prescribed for an application for execution of a decree or order 
for eviction of a cultivating tenant, the time during which he was protected 
from eviction by clause 3 or by the Karaikal Cultivating Tenants Protection 
Order, 1958, and the Karaikal Cultivating Tenants Protection (No. 2) Order, 1958 
shall be excluded. 

(2) In computing the period of limitation for appeal under clause 4, the time 
taken for obtaining a certified copy, of the order appealed against shall be 
excluded. 

6. Surrenders. —(1) No surrender of land made by a cultivating tenant after 
the. commencement of this Order, shall be valid unless it is made in writing and 
admitted before the prescribed authority. 



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(2) Where a valid surrender of the land is made under sub-clause (1), or 
where the land is otherwise abandoned by a cultivating tenant, the Pondicherry 
Administration may, in public interest and for the purpose of ensuring full and 
efficient use of the land tor agriculture, assume the management of the land and 
pay to the landlord from the date of the assumption the compensation specified 
in sub-clause (6). 

( 3 ) Where the management of land is assumed under sub-clause (2), the 
cultivating tenant’s liability to pay rent to the landlord in respect of that land 
shall cease from the date the management is so assumed: 

Provided that nothing contained in this sub-iclause shall affect the liability 
of such tenant to pay rent in respect of any period before such date. 

(4) For the purpose of this clause, the management of the land by the 
Pondicherry Administration shall be deemed to Commence from the date on 
which the Administration actually assumes the management of the land. 

(5) Where the Pondicherry Administration assumes the management of any 
land under this clause, it may lease the land to a tenant. 

(6) The compensation payable for the assumption of management of any land 
shall, per year, be a sum equal to the annual rent of that land paid or payable 
for the year preceding the year of surrender. 

Explanation .—For the purposes of this clause, where the rent paid or payable 
is in kind, the amount of compensation payable under this clause shall be deter¬ 
mined on the basis of the market value prevailing on the 1st January, 1900, of 
the crop or crops paid or payable as rent. 

7. Penalty.—(1) No landlord shall obtain possession of any land by a culti¬ 
vating tenant at the commencement of this Order, except where the tenant is 
evicted under clause 3 or the land Is validly surrendered under clause 0. 

(2) Whoever contravenes the provisions of sub-clause (1) shall, on conviction, 
be punishable with fine which may extend to two hundred and fifty rupees and 
the possession of the land shall be restored to the tenant. 

8. Power to make rules.—The Chief Commissioner may, subject to the approval 
of the Central Government, make rules for carrying out the purposes of this 
Order. 

9. Repeal—The Karaikal Cultivating Tenants Protection (No. 2) Order, 1958, 
is hereby repealed except as respects things done or omitted to he done there¬ 
under before such repeal. 


[No. F. 36(l)/58-Eur.W/GP.] 
A. DAS GUPTA, Under Secy. 


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by the manager of publications, Delhi, 1900